Publication Date


Document Type

Survey Article


This survey period is most notable for the diversity of cases touching upon trial practice and procedure decided by the Georgia appellate courts. Among those were cases fleshing out the permissible parameters of attorney-client contractual relations, scaling back the malpractice affidavit pleading requirement, defining further what constitutes a doctor-patient relationship, interpreting the wrongful death act to determine who can properly bring a claim, and declining to apply the self-contradictory testimony rule to a party's expert witness. Other important decisions addressed previously undecided evidentiary questions, confused medical providers attempting to comply with thirdparty requests for production of documents, and expanded the remedies available to Georgia plaintiffs who are the victims of negligently inflicted emotional injury.

Although the legislation passed during the survey period is less diverse, it will still potentially affect trial practitioners. The General Assembly expanded the previously narrow alternatives for establishing proper venue against corporate defendants. Mandatory liability insurance policy limits were increased for bodily injury and/or death from $15,000 per person and $30,000 per incident to $25,000 per person and $50,000 per incident. Finally, in line with the service provision contained in the Federal Rules of Civil Procedure, plaintiffs are now allowed to seek a waiver of formal service of process in order to avoid the trouble and expense of formal service.

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Litigation Commons